On Sept 29, 2017 in a 4-3 decision, the Supreme Court reversed the armed robbery conviction of a suspect who provided an incriminating statement to police officers while in the hospital under a civil commitment order. The officers failed to advise him of his Miranda rights. Justice Hudson, joined by Justices Jackson, Beasley, and Morgan, concluded that the defendant was subjected to a custodial interrogation and entitled to receive a Miranda warning. Justice Ervin, joined by justices Martin and Newby, dissented.

In the first round of briefing in the Supreme Court, Disability Rights North Carolina and NCAJ jointly filed an amicus brief supporting defendant’s position. The amicus brief by John Rittelmeyer and NCAJ member Anne Bleyman focused on the particular vulnerability of those who are involuntarily committed. Congratulations to NCAJ member Anne Gomez and the Office of Appellate Defender on a well-deserved win.